The following shall be considered by the board as grounds for disciplinary action against a certified court reporter or court monitor pursuant to these rules:
A. unprofessional conduct;B. willful violation of duty;C. gross negligence, or incompetence, in the performance of activities authorized by the certificate;D. fraud, dishonesty or corruption;E. if the person is a certified court reporter, having become unable to perform the duties of a court reporter at a level of skill required by the board for applicants for permanent certification as a certified court reporter;F. if the person is a court monitor, having become unable to perform the duties of a court monitor at a level of skill required by the board for certification as a court monitor;G. fraud or misrepresentation in obtaining a certificate;H. if the person is a certified court reporter, aiding or assisting any person to engage in the verbatim reporting of judicial proceedings, when such person is not a certified reporter in New Mexico; I. conviction in any court of competent jurisdiction of a felony or of any other offense which offense involves moral turpitude and is reasonably related to the activities authorized by the certificate; J. adjudication of insanity or incompetency;K. entering into any contractual arrangement whether oral or written, with any person or entity which prohibits or restricts an attorney from using a court reporter of the attorney's choice; contracting or agreeing with any person or entity not acting as a party to litigation, other than a government entity, to provide reporting or incidental services in any action not yet pending; failing to provide comparable services, in both quality and price, to all parties in any given action; or entering into any agreement or arrangement with any court reporting agency not licensed by the board, any insurance company, any attorney representing an insurance company or other group, or any attorneys affiliated with such other companies, groups or associations which may be viewed as allowing the agency, company or attorney to assume the right to control or direct the time, manner or method of executing deposition services, including staffing, marketing, billing, fees, record retention, billing invoice formats or any other practice that has the appearance of impropriety or appears to allow someone else to control or direct the certified court reporter's or firm's work. This rule does not prohibit agreeing to provide incidental services prior to the institution of litigation. It also does not prohibit an agreement to provide reporting services for non-litigation matters. It shall be the responsibility of the individual court reporter and the court reporting firm to know whether a contractual relationship exists requiring disclosure. The purpose of this rule is to protect the integrity of the record and to avoid the appearance of partiality; L. presence of the court reporter's or court monitor's name on the certified list compiled by the Human Services Department pursuant to the Parental Responsibility Act [40-5A-1 to 40-5A-13 NMSA 1978] showing the certified court reporter or court monitor is not in compliance with a judgment and order of support entered by a district court or a tribal court; or M. violation of any rule or order promulgated or issued by the Supreme Court governing the obligations or duties of court reporters or court monitors. N.M. R. Rcdg. Jud. Proc. 22-605
Adopted, effective 1/1/1983; as amended, effective 1/1/1996;6/8/1998;7/15/2002;2/16/2004. ANNOTATIONS The 2003 amendment, effective February 16, 2004, substituted "court" for "tape" preceding "monitor" and "these rules" for "Rule 22-403 NMRA" in the introductory paragraph, "court" for "tape" three times in Paragraph F, deleted "or" preceding both "contracting" and "failing" and added "or entering into any agreement or arrangement with any court reporting agency not licensed by the board, any insurance company, any attorney representing an insurance company or other group, or any attorneys affiliated with such other companies, groups or associations which may be viewed as allowing the agency, company or attorney to assume the right to control or direct the time, manner or method of executing deposition services, including staffing, marketing, billing, fees, record retention, billing invoice formats or any other practice that has the appearance of impropriety or appears to allow someone else to control or direct the certified court reporter's or firm's work" in the first sentence of Paragraph K, and substituted "court" for "tape" preceding both "monitor's" and "monitor" in Paragraph L and preceding "monitors" in Paragraph M. The 2002 amendment, effective July 15, 2002, in Paragraph K, substituted "entering into any contractual arrangement, whether oral or written, with any person or entity which prohibits or restricts an attorney from using a court reporter of the attorney's choice or" for "to protect the integrity of the record and to avoid the appearance of partiality" and inserted "not acting as a party to litigation" in the first sentence; rewrote the second sentence which formerly read: "This rule does not prohibit agreeing to provide reporting or incidental services on a matter-by-matter basis prior to the institution of litigation; it also does not prohibit agreeing to provide reporting services for non-litigation matters"; and added the last three sentences. The 1998 amendment, effective June 8, 1998, renumbered Paragraph L as Paragraph M and added a new Paragraph L. The 1996 amendment, effective January 1, 1996, added Paragraph K and redesignated former Paragraph K as Paragraph L. Compiler's notes. - Section 40-5A-10 NMSA 1978 of the Parental Responsibility Act provides that the Supreme Court shall adopt rules for the denial of a license or renewal of a license and for the suspension or revocation of a license of lawyers and other persons licensed by the Supreme Court for the failure of an applicant or licensee to comply with a court order requiring payment of child support.